MO: A win in Missouri – No More Halloween Signs!
Attorney Janice Bellucci earned a significant win in Missouri last week, when a United States District Court Judge from the Eastern District of Missouri enjoined the Attorney General (or her Agents) from enforcing an ordinance that required registrants to display a sign that says “No Candy or Treats” on Halloween.
This is a great culmination of a long fought battle that went to the 8th Circuit and back. While it’s precedential value does not reach Florida, it is certainly persuasive and in-line with other decisions across other federal Circuits.
You can read the decision here:
Missouri – Halloween Sign
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A win is a win, but it’s hard to get too excited about this one. It’s the EXACT SAME fight that was had and won in Georgia a couple of years ago, and I’m willing to bet they’ll have it again somewhere else this year (I’m thinking probably Tennessee). While I don’t worry about the outcome if (when) it happens again, it’s a problem because Janice – one of, if not the, strongest advocate to this cause – has to waste too much time, effort, and resources re-litigating the same nonsense.
Dustin, you know how the Federal courts work. It’s two wins, establishing binding precedent in not one but two Federal circuits covering ten states. For all other circuits, it’s persuasive authority.
The persuasive authority plus lack of circuit split presents obstacles for other states contemplating such signs. And we didn’t even have to take it to the Supreme Court!
Just weird we can win with Halloween restrictions, but we cannot get off the registry in Florida as it is for life.
I think one time in the past someone posted pages and pages of restrictions we have to abide by, in fact, so many that we are all doomed to fail at some point. For example an email we haven’t used since 1998, but the account may still be active.
I am glad people are winning with the Halloween but since I do not participate in Halloween, it does not apply to me and I do not answer my door when it is Halloween. I have been a street-smart kid since I was nine years old.
The good news is that there’s no Florida law concerning “an e-mail we haven’t used since 1998.” We got enough other provisions to worry about.
I’ve seen sheriff’s departments in some counties that post registrants’ info publicly on Facebook. Is there something that could be done about that?
They sell out information out all the way up to tallahassee. When I asked if was told under Chapter 119 of the Florida Statutes- this is public to all
As this only affects Halloween. What other ways can the state, count , sherrifs office etc. do something similar with signs?
Also, there was recent news out of Missouri about registry removal. Can anyone explain if it allows out of state petitioners? Specifically to Florida.
This is fantastic. We’re slowly chipping away at these draconian laws…maybe the lawmakers will soon learn that all of their time, effort and money will result in these laws will be overturned.